7 Things to Know About Wrongful Death Claims

windshield woman grieving a loved one’s death

A wrongful death claim is a claim made to seek justice for the deathof a loved one due to a negligent action of another individual. The claim can be made under the Family Law Act, which entitles the family members of the deceased to be compensated. Here’s everything you need to know about a wrongful death claim.

Members of the Deceased Who can Claim Wrongful Death

Not all family members are entitled to claim wrongful death. Following are the eligible claimants:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Grandparents

Time Limit to File the Claim

According to Ontario’s Limitation’s Act, the claim must be filed within two years of the date of death of the loved one.

People in black in a FuneralFour Key Elements of a Wrongful Death Claim

There are four key elements in a wrongful Death: negligence, breach of duty, causation and damages. It’s important to understand each of these to completely grasp the nature of the lawsuit.


The family members must prove that the death of their loved one was due to the carelessness and negligence of the defendant.

Breach of Duty

The family member must prove that the defendant had a duty towards the deceased person—for example, the duty of medical health professionals to maintain the health of their patients.


The plaintiff must relate how this breach of duty and negligence became the cause for the death of their loved one.


These are all the expenses, losses, and damages that the person had to or will have to bear due to the death of their loved one.

Different Types of Compensations

 There are different types of compensations for different types of losses. Following are some of the damages that a family member can claim:

  • Funeral and burial related expenses
  • Expenses incurred by the family members due to the death
  • Damages for the loss of family income
  • Damages for the loss of guidance and care
  • Damages for the loss of housekeeping services

Statutory Accident Benefits

In addition to the compensation received from the defendant, a family member of a deceased lost in car accidents may also be entitled to the Ontario’s Statutory Accidents Benefits Schedule (SABS). This includes the following:

  • Spouse’s Benefit– A $25,000 payment to the deceased’s spouse
  • Dependent’s Benefit– A $10,000 payment to each dependent child. If the deceased didn’t have a spouse, the spousal benefit is also split between the dependent children.  
  • Funeral Benefit– A $6,000 payment to pay for funeral and burial.

Common Causes of Wrongful Death

Some of the most common causes of wrongful death are:

  • Accidents
  • Medical malpractice
  • Product defects
  • Occupational hazards and exposures

Hiring the Right Legal Professionals

If you’re planning to file a wrongful death claim, make sure to hire the right legal professionals to represent you. Lawyers with the right experience to fight wrongful death claims can really help you win the case. If you’re looking for such lawyers in Mississauga, contact Nanda and Associate Lawyers Professional Corporation. We handle family law, real estate, and personal injury cases and are one of the best Canadian Immigration lawyers to make your dream to study in Canada come true.

To discuss any legal trouble, book a free consultation now!

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